choice. most of you said you actually prefer blue in the debate, and many said you think the candidates should make a bold choice and pick pink or purple. maybe that says something about the women's vote out there. gregg: our floor director said maybe one should be bold and wear a dickey. remember those? [laughter] jenna: bow tie? gregg: how about a turtle neck? how about no tie at all? jenna: we'll see, won't we? gregg: bye-bye. megyn: fox news alert out of denver where just eight hours from now the two men competing for the white house will square off face to face for the very first time. welcome to "america live," everyone, i'm megyn kelly reporting live from the university of denver here where it all takes place, the scene of the very first presidential debate in campaign 2012. they are expecting based on four years ago 60 million or so people to watch. these are live pictures, here i am you can see from where i am

right now from inside the so-called spin room where all the journalists will gather to cover tonight's debate. more importantly, this is a stage where president obama and governor mitt romney will hopefully define their positions on the key domestic issues facing our nation. that's what's on the agenda for this debate tonight; jobs, the economy, health care. but first, a new distraction for the obama campaign during a critical week. it comes in the form of a video released by "the daily caller" of then-presidential candidate barack obama back in 2007. in it he speaks to a group mostly made up of black pastors. his speech got some coverage at the time he delivered it, but his prepared remarks did not include some of the off-the-cuff, off-prompter moments, if you will, alluding to alleged racism to hurricane katrina and spending decisions made by our elected leaders. our chief congressional correspondent mike emanuel is live in washington with more. mike?

>> reporter: hi, megyn. the tone has attracted some attention with then-candidate obama sounding different as he spoke to a large group of african-american religious leaders in virginia. one major topic was mr. obama trying to contrast the response to hurricane katrina and other high-profile disasters. >> when 9/11 happened in new york city, they said this is too serious a problem, we can't expect new york city to rebuild on its own. forget that dollar you've got to put in, here's $10. and that was the right ting to do. thing to do. when hurricane andrew struck in florida, people said look at this devastation. we don't expect you to come up with your own money here. here's the money to rebuild. we're not going to wait for you to scratch it together. because you're part of the american family. what's happening down in new orleans? where's your dollar?

where's your stafford act money? makes no sense. tells me the bullet hasn't been taken out. prison concern. [applause] tells me that somehow the people down in new orleans, they don't care about as much. >> reporter: then there's the issue with the reverend jeremiah wright who was the obamas' pastor in chicago and became a lightning rod in the 2008 campaign when it was revealed he said the u.s. brought the 9/11 attacks upon itself among other comments. at this event then-senator obama expressed pride in reverend wright. >> i've got to give a special shout out to my pastor, the guy who puts up with me, counsels me, listens to my wife complain about me -- [laughter] he's a friend and a great leader. >> reporter: the obama

campaign calls this 2007 video a distraction and is accusing allies of mitt romney of recirculating clips of a 2007 event that was open to the press. >> desperate attempt to change the subject from a video in which mitt romney wrote off half of the american people are circulating a video that was covered by the campaign press corps at that time. >> reporter: the speech was june 2007, more than six months before the iowa caucuses. at that point be then-senator obama was considered a long shot, now it's getting some attention. megyn? megyn: mike emanuel, thank you. so what impact, if any, will this video have on the campaign? chris stirewalt is our fox news digital politics editor and host of "power play" on foxnews.com live. chris, it's been very interesting to watch this unfold over the past, you know, 15 hours or so where it was posted on drudge, and hannity talked about it with tucker carlson of "the daily caller," who, by the

way, will be here later. and tucker was making the point that he believed that the president in this speech was talking about institutional racism against black people in a way that we hadn't heard from him. i was just looking for the quote. tucker's saying the message in this speech was the federal government doesn't like you because you are black. and then you've seen a lot of folks in the mainstream media come out and say that's not a news story, this is old tape, you know, at least portions of it were run -- tucker says not the relevant portions. so there's a real question about what, if any, impact this has on this presidential race four-and-a-half weeks out, almost five weeks out from election day. your thoughts? >> well, megyn, think about it this way for barack obama at that time when he was, as mike emanuel said, a long shot, the thing he was trying to do was consolidate the black vote bekind him. he went down there to establish himself as the black candidate in the race because there was no

way he was going to beat hillary clinton or the other candidates like john edwards and others who were ahead of him in line. he needed to consolidate the black vote, and he went down there, and he told an african-american audience what they wanted to hear. he gave them the rhetoric and used the sort of dialect that he thought would go over well with that audience and also played up his bona fides as a congress regant of jeremiah wright, a person who was well esteemed in that crowd. so that's what he was trying to do then. now, if you're president obama, you're walking onto the debate stage tonight in denver where you are, megyn, and you are expecting to be treated deferentially, you are expected to live this sort of this cloud of presidential privilege where people don't say stuff, and you don't have to pander, you don't have to go out of your way to tell audiences what they want to hear to such a great degree because you are the incumbent. so for the president he cannot like that this is part of the discussion today.

i'm sure as you saw with ben he bolt, it's annoying for the campaign that it's even being discussed, but it tells you about what's inside the president as he faces mitt romney, and that is a guy who feels very confident and powerful now, but once upon a time not really that long ago he was having to do things like what you saw in that video to try to get people to his side. megyn: does it work to just point out that some -- because, apparently, barack obama gave this speech, and some excerpts were run by the media, but most of it was left on the editing room floor. if you look at just the remarks on paper, they didn't include the most incendiary stuff because he went off the cuff, he went off the prepared remarks in the most problematic parts of the speech. so, but -- to the folks sitting at home, i mean, i don't know whether people are going to say, oh, it was back in 2007 and some media coverage at the time, or whether they're going to look at the tape ask say what do i think of this? did i learn something new about barack obama? does it change the way i feel about barack obama? we heard that clip in mike

emanuel's piece where he's talking about the people down in new orleans, today don't care about as much. and, you know, that was what some believed after katrina, that black people in new orleans got ignored while white people in florida didn't after hurricane andrew. and, you know, to hear our postracial president talking that way, does it have an effect? >> i think it has an effect, especially as it relates to how much credibility the president has with skeptical voters. because remember, we saw barack obama in 2004 talking about a postracial america in his convention speech, and we heard him again in 2008 with that same promise. but in the process of trying to capture the nomination and beat hillary clinton, he had to do this. so if he said that for one audience, what's he going to say for another, so people might be right to ask that question of themselves. megyn: well, we'll talk about it more when tucker joins us live. chris, thank you. >> you bet. megyn: growing questions for the white house today on the murder of four americans in libya.

we are learning now that in the 24 hours after the attack on our u.s. consulate almost a dozen intelligence reports went to the white house saying that this violence was an act of terror and not the work of a spontaneous mob. reuters news now reporting on this. the former white house chief of staff, andy card, is next on why it took so long for this to come out. and a potentially deadly drama continues as american airlines reveals the reason that several rows of airplane seats came loose in midair. we'll update you. plus, as the president's health care plan gets a new hearing in tonight's debate -- it's one of the topics -- a new survey of u.s. dollars reveals the plan could result in major problems for patients across the country. a fair and balanced debate on that coming up. >> we're going to be gifted with a health care plan we are forced to purchase and fined if we don't which purportedly covers at least ten million more people without adding a single new doctor, but provides for 16,000

new irs agents whose chairman says he doesn't understand it. i have a cold, and i took nyquil, but i'm still stubbed up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] alka-seltzer plus liquid gels speeds relief to your worst cold symptoms plus has a decongestant for your stuffy nose. thanks. that's the cold truth!

megyn: well, while tonight's debate is about domestic issues, there is a chance that foreign policy could come up thanks in part to two big stories today concerning the obama administration's investigation of the attack on our consulate in libya. first, the white house is refusing now to comment on reports that washington denied requests for more security prior to that september 11th attack that killed four americans in libya. white house spokesman jay carney says he will not comment on a situation under review, that's a quote. second, reuters is now reporting that administration officials received about a dozen intelligence reports in the hours after the attack

suggesting that this was terrorism. despite all this, days later, the white house dispatched u.s. ambassador to the united nations susan rice on a round of talk shows claiming these attacks were spontaneous and incited by an anti-islamic film. andy card is a former white house chief of staff under president george w. bush, and he's with me now. andy, so now the administration is going silent on it, saying we're not going to respond to this bombshell report out of congress that this is from the house oversight committee saying that they've got a bun p of whistleblowers who are now saying they were begging for more security other in libya at our consulate and not only was it not provided, but jason chafe fess was on fox news saying it had been downgraded, security had been diminished in part, and that, he says, was the prelude to the 9/11 attack which then, of course, resulted in four dead americans and evolved into this strange place, andy can, where now we've got reports that a

dozen, a dozen intelligence reports went up to administration officials saying this is terror, it was an al-qaeda-linked group. and five days after they send susan rice on the round of sunday talk shows. what is going on here? >> well, it's all very troubling to me. first of all, if, in fact, we were asked to beef up the security at our consulate in benghazi or other places around the world, that's not a classified request, you know? i would think that we could find out whether or not someone said you should think about beefing up the security there. now, what might have been done to beef up security, that might be classified and probably is, and we wouldn't want to anytime to what it was or what it wasn't. but i think we should know whether or not we were asked to beef up security, and i think we could say that, yes, we did consider that or, no, we didn't consider doing that. in terms of what might have been done to beef up security, i don't think that would be appropriate to talk about. on the side of sending somebody

out to misrepresent something, if in fact that happened, if ambassador rice knowingly was sent out to misrepresent what was happening, that would be terrible because i think that would indicate that they were making a political calculation on what to talk about rather than talking about the truth. i hope that the intelligence community, first of all, paid attention to what was going on around the world prior to the anniversary of 9/11. after all, this was the 11th year anniversary of that horrible attack on 9/11/2001, and i suspect that the intelligence community was on high alert, and most of our embassies and consulates should have been on the highest alert. so there should have been good intelligence. i hope it made it to the white house -- megyn: but, look, let's talk turkey about -- >> but beyond that, if we knew days later that there was no intelligence saying that this was as a result of a mob scene or a mob, then susan rice should

not have gone out and said that it was. megyn: let's talk turkey about how things actually work, though, in the white house, andy, because susan rice went out there. the attack happened on september 11th, 2012. they're saying within hours -- fox news broke this a week ago -- within 24 hours we knew it was terror, and now reuters reporting they had about a dozen intelligence reports, the obama administration did, suggesting it was al-qaeda-related militants who were involved in this. so we're talking by wednesday at the latest. it was sunday that susan rice went out on the talk shows, sunday. and not just one, and not an inadvertent comment saying, i think, look, it's confusing, it could have been one of a number of things. it was all the way -- you know, sunday, five days later when she came out and said, i'm telling you, it was spontaneous, it was about the video, it wasn't a preplanned thing. they were ruling out things in addition to ruling -- how does a

u.n. ambassador get sent out by the administration? >> she shouldn't have been. if, in fact, and i suspect the administration knew that susan rice was going to go out there and talk to the media on that sunday, that's preplanned, and there was lots of communication with her before she went out, they should have told her what they expected her to say sw what they anticipated the questions to be and potential answers. tend not allow her or encourage her to answer anything that she knows not true. so they should have told her the truth as they knew it. it's one thing to say we don't know yet. she offered a definitive answer to a question, and she said it was not a terrorist attack when, in fact, it was as a result of this movie trailer and the mob scene. if she knew that that was not the truth, she shouldn't have indicated that it was, um, and i can't imagine that she would have been well briefed before she went out on that talk show. megyn: yeah. as far as i can see, she never

actually said it wasn't terror, but she said it was not preplanned -- >> correct. she did not say it wasn't terror, she said that it was clearly the reaction to the movie trailer. megyn: i want to jump back to -- >> but i don't think this is any intelligence that suggested that's what it was. meg that's how it's looking at this point -- >> i don't think there was intelligence that suggested this was in response. megyn: the state department, um, now saying -- clamming up, and the white house now clamming up about whether your ambassador requested more security, and you say that shouldn't be classified information, we should get to know that about whether or not they did. the state department has instituted, quote, an accountability review that is underway right now trying to see what did happen in the days leading up to that attack that claimed our ambassador's life. first time since 1979 we lost a u.s. ambassador to murder like this. um, so is it, is it the right thing for the administration to not say anything while this accountability review is underway?

>> well, i understand the knee jerk reaction is to say there's an ongoing investigation, we're not going to comment. and i don't think we should comment about who was up, who was down, who said what. but i do think it's credible to ask were you anticipating that we should harden our facilities because of september 11th, the anniversary of september 11th? and i think that's a credible question. i don't think they should duck the answer to that. yes, we did consider that, and we're not going to comment about what we did or we did not do, but we were asked to harden our facilities or to take a look at it. i think that they should offer that. and i think they should give more detailed information to congress because, after all, congress has oversight, and it would cost money to harden and even not to harden. and i think that they should be pretty candid with congress. i don't think that this is as benign as it appears. i think that there is a conscious decision not to answer the questions right now, and they should be answering some questions. not every one of them, but they should provide more answers to the intelligence community on

capitol hill than they're providing to us. but they can certainly tell us whether or not they were asked to harden a facility and say we took it under review and made our decisions. megyn: yeah. the, the ranking republican on the intel committee in the senate says it best, the briefings provided to us were incomplete, at worst they were misleading. the administration says, look, our understanding has evolved, and we've based our public statements on our best assessments as we receive from the intel community. andy card, good to see you. thanks so much for being here. >> thank you. many. megyn: well, we have a new twist today in a potentially deadly drama at 30,000 feet. american airlines is now telling us what is to blame for several recent reports of entire rows of airplane seats coming loose midair. that's next. and turning insult to inspiration, trace shows us a news anchor's brave response to a cyber-bully who attacked her over her weight.

and why this story is now getting national attention. stay tuned. >> but to the person who wrote me that letter, do you think i don't know that? that your cruel words are pointing out something that i don't see? you don't know me, you are not a friend of mine, so you know nothing about me. and it tastes ? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy. is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release.

megyn: we are tracking some major developments concerning american airlines right now. the pilots' union agreeing to delay the release of a strike authorization vote and to resume stalled contract talks this as the airline deals with a troubling series of mechanical problems. first, there were rows of seats on three of its flights separating from the floor midflight, and then another incident yesterday involving a plane's landing gear jamming after takeoff. trace gallagher is live with more. trace? >> reporter: hey, megyn. that plane with the gear landing

problem had to actually turn around and make an emergency landing at dallas/fort worth airport. the passengers were told to brace for a crash landing, some said they were scared to death, but despite that, the plane landed without incident. and because of all these labor problems at american airlines, some of the passengers were skeptical wondering if there really was a landing gear problem or if it was of just another job action by the pilots. the airline says the gear did jam which, of course, adds to the lengthy list of maintenance problems including the thurm of 757s -- the number of 757s with loose or disengaged seats. they blamed that on a faulty saddle clamp at the base of the seat that apparently were not placed properly, and that led some to accuse the mechanics of sabotage, and, of course, it left some passengers very apprehensive. listen. >> you're going to, you know, deal with people's lives, you want to be very careful. it shouldn't be about money, it should be about health and

safety. >> reporter: but in a very harsh statement, the mechanics' union said the seats had been replaced not by them, but by an outside firm releasing a statement that read in part, quote: >> reporter: that third party, timko, now referring all questions to american airlines. but american says that the american airlines mechanics were the last ones to touch those seats. now, meantime, the fact that the pilots and american are at least back at the negotiating table could ease some tensions because the airline has accused the pilots of a work slowdown, calling in sick, calling in a number of maintenance issues right before takeoff. more than a thousand flights, maineen, in the past two -- megyn, in the past two weeks have been canceled, and one-third of all of american's flights over the past two weeks have been late. this might change. back to you. megyn: gives you new fodder for

concern when you're up in the air as some of us were going from new york to denver yesterday, although it was a delta flight. [laughter] see ya, trace. >> reporter: see ya. megyn: well, a new political ad points to what the president promised us on jobs jobs and whe wound up today. up next, we will see if this could be a big part of governor romney's message to america tonight. and brand new developments on a story that broke during this show yesterday, the sale of a prison in illinois setting off alarms for some republicans who believe that this may be used, ultimately, to bring gitmo detainees to the united states. plus, the food police strike again, why some schools are now considering surveillance cameras for trash cans. ♪ we use this board to compare car insurance rates

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later. the spot is part of a $16 million ad buy that american crossroads and crossroads gps have planned for the next week. here's a little clip. >> this is what president obama said the jobless rate would be if we passed the stimulus, 5.6%. but this is what the jobless rate actually is, 8.1%. the difference? about 3.7 million jobs. megyn: well, is that message governor romney's best argument tonight as we focus on domestic issues? marc thiessen is a fellow at the american enterprise institute ask a fellow speech writer for president bush, and joe trippi is howard dean's former campaign manager and a fox news contributor. as of late we've been talking a lot about foreign policy in this country in the wake of our ambassador being assassinated along with three others, but now it will steer back to domestic issues and how this evening, and there's a question mark about whether that message there by american crossroads should be the main point driven home by governor romney. >> i think it's exactly the

right message to have going forward. look, this is going to be a changed election. president obama's vulnerable to this because he's running a, basically, a stay-the-course campaign at a time when the country has said they want to change court even if they haven't decided if they want to change presidents. you had a fox news poll last week which showed only 24% of americans mostly want to stay on the same course, 74% say many policies have to change, so obama has not explained how he would deliver that change or why a second obama term would be different than the first. so that's an opening for romney, because romney can make the case that there will be no change in the next four years because obama didn't deliver the change he promised four years ago, that he said he would lower the unemployment rate to 5.6%, but we've now had our 43rd month of above 8% unemployment. he said that family incomes would go up, but they've gone down $4,000 under his watch. he said that bush was unpatriotic for adding four trillion to the debt over eight years, he's added five trillion over just four years.

so he needs -- americans don't want to have more of the same, and obama really tonight has to show how his second term would be different than the first instead of this forward stuff that we've been hearing from him. megyn: you know, joe, i took a look at those fox news polls, and marc's right, the overwhelming majority of americans want change, they don't want to stay the course, but the question is, who does that mean? whose policies do hay want to change? it's something like 95% of republicans want to change course, 51% of democrats and 77% of independents, but when you drill even deeper and ask, well, who's got the wrong economic policies, the guys are evenly split, you know? it's like 38% saying barack obama's policies have helped us, 38% say they've hurt us. i mean, the electorate, they just seem deadlocked on so many issues. >> megyn, you know, that's why i think, look, it may be -- i think it's smart, perhaps, for american crossroads to deliver that ad and to run it in the swing states, but i think it'd

be a mistake for mitt romney to do that tonight. he -- the best line he's had all campaign was barack obama promised you that he'd stop the seas from rising and heal the earth, i want to help you and your family. what he needs to add tonight, and here's how, and get into -- and i know they think they've done specifics, but the american people have not heard 'em. if he goes in tonight and does another bunch of bashing obama on what's wrong with the obama economy, people who believe that have already figured that out. they're looking to him for, okay, great, how are you going to help me and my family, and tell me. don't say -- and he also talked in the sort of the american people, let me tell the american people what i want to do. tell them what you're going to do for each one of them, i mean, for their family, for you and your family. the way he expressed it at the debate. if he loses that tonight, if he misses that by trying to make people like him or trying to bash obama even further into the

ground, i don't think that's going to work. i think that would be a big mistake for him. megyn: you know, on that unemployment rate, marc, no modern american president has ever won re-election with an unemployment rate over 8%, ours is 8.1%, actually much, much higher when you factor in the people who have left the work force because they're so dejected about not being able to find a job, ask that is a fact from both democrats and republican analysts who will tell you the truth when they look at the numbers. how is it that the president has found himself with so much trust from the american people when it comes to the economy given those stats? >> well, actually, if you want to put that number in perspective, we've had 43 months of plus 8% unemployment under obama. if you go back to 1948 and combine all the presidents before them combined, they together had 39 months. so that's how bad the unemployment situation is. i think, actually, i agree with joe. it's both, it's a two-part sale. he needs to make the case against obama and why obama has failed and why he won't, nothing will change if obama's

reelected. but at the same time, he needs to present a compelling, alternate vision, and that's one of the reasons he's stalled in the polls. people realize that obama has not delivered, but romney hasn't effectively delivered that message. so he needs to do that tonight, joe is right. but at the same time, the challenge to obama is he has not explained how his second term would be different, and if he doesn't do that, then he's going to have a hard time making the sale as well. megyn: joe, is there, you know, is there, is there more opportunity for mitt romney tonight than we've seen on any other night? i mean, is this really -- like, this is his chance to do it? >> certainly in past debates the challenger seems to do very well in the first one, again, partly just because being there with the president of the united states regardless of party adds to your stature and puts you on an even playing field, so i think romney benefit from that. but the other side of this is, look, a lot of the polls lately, you're seeing numbers like 57%

of the american people in the polling say yes to is america on its path to recovery, 57% are saying yes to that. 43% saying no. romney's got the 43 or the bulk of those people, he's got to start, i think the most important thing for him tonight is to explain what in specific terms he's going to do, and an interesting thing in the journal poll -- "wall street journal" poll today was that 43% of the americans who answered that poll said they didn't know enough about his plans. even though he thinks he's said them, not saying that he hasn't, they don't know enough to vote for him. megyn: yeah. you've got to say it in a way that these e ease member rabble. herman cain, 9 clash 9 -- 9-9-9. guys, thank you both so much. we'll see you later tonight. >> thanks, megyn. megyn: a new controversy over a five-year-old piece of video that some people say sheds new light on the president's attitudes on race in america.

we'll ask the man who uncovered the footage why he thinks it is such a major story and hear others say it's exactly the opposite. and as the president's health care plan gets a new review in tonight's debate, a survey of u.s. doctors reveals the plan could result in major problems for patients across this country. a fair and balanced debate is next.

♪ megyn: well, a new survey showing deep discouragement in the meddle field in the wake of the president's health care law. according to a new survey by the physicians' foundation two years ago, more than 66% of doctors were somewhat positive about the medical practice while 33% held a negative view. but ask the same doctors how they feel today, and nearly 80% say they hold a negative view about the future of health care while just 23% are optimistic. the survey lends new credibility to illinois state senate candidate dr. barbara beller's speech that got some attention

back in august. it has since gone viral. >> we're going to be gifted with a health care plan we are forced to purchase and fined if we don't which purportedly covers at least ten million more people without adding a single new doctor, but provides for 16,000 new irs agents written by committee whose chairman says he doesn't understand it, passed by congress that didn't read it, but exempted themselves from it and signed by the president who smokes -- [laughter] [cheers and applause] with funding administered by a treasury chief who didn't pay his taxes for which we will be taxed for four years before any benefits take effect by the government which has already bankrupted social security and medicare all to be overseen by a

surgeon general who is obese -- [laughter] and financed by a country that's broke. [laughter] megyn: well, there you have it. or do you? joining me now for a fair and balanced debate, dr. marc siegel and stanley hepfeld who's a hospital ceo, also the author of "political malpractice." gentlemen, thank you both so much for being here. so, you know, they say -- people who don't like obamacare say that doctor and politician summed up the problems with obamacare brilliantly in one sentence. i assume you agree, dr. segal, but the she is whether -- the question is whether there's anything that could happen tonight that would be a game changer on an issue you find very problematic. i mean, health care's sort of been forgotten about since the supreme court upheld the law. >> well, megyn, i'll add one game changer here. you might say that doctors are a

special interest group except that they're tied to a much bigger special interest group, and that's patients. if patients get the idea out there tonight, americans, that, you know, maybe if your doctor's unhappy that you might not be getting the care that you need, and also i expect president obama to point out that the health care law is his signature legislation for a year and a half. he can't run away from it. he's probably hoping it's becoming more popular, but it's not about doctors being greedy, it's about them being overworked, it's about how we can't do the services that we want to do, about how technology is in jeopardy, about how patients aren't going to get the health care they want and deserve. that's the issue. and i expect governor romney to bring that up, and i do think that the president is vulnerable on this. meg stan, one of the issues you heard that doctor talk about in that sound bite was we have a law that's added ten million people to the insurance rolls and not a single doctor. this is something that dr. segal and other doctors have been saying for a while now, saying where are all the doctors going to come from to service all

these new patients? because the ones who are already in the system are already overworked. >> oh, that's very correct, and that's a real world problem. and, of course, the physician shortage is exacerbated in the primary care specialties. and so i've recommended that we rethink how we educate physicians and how we incentivize our young doctors to go into primary care medicine. we've got to fix the problem of the number of primary care doctors, there's no question. >> but, stan -- megyn: but we haven't done it. we haven't done it with obamacare. >> are right. megyn: go ahead, dr. segal. >> you're absolutely correct. the law does not address that problem. >> not only that, stan -- >> it will exacerbate the problem because it will add lots more people seeking care now with technically an ability to pay for care. so we do have to rethink our physician specialtieses, and i believe -- >> stan, stan -- >> delivers care in terms of using alternative providers. megyn: okay. go ahead, doctor. >> i want to make a point on that. i like to say there's two doctor

shortages, there's the one you're talking about, 160,000 doctors short by 2025 according to the associate of american medical colleges with obamacare, but then there's those of us who are dropping out of insurance because we can't handle all the paperwork, all the restrictions, all the regulations under obamacare. the ama, who actually backed the law, says the 17% of physicians can't work with medicare the way they used to, that's a second doctor shortage we're faced with because, after all, the health reform law is about expanding insurance. if you don't have the doctors that take insurance, you have a second shortage. megyn: go ahead, stan. >> the problem i have with dr. segal's comments is it treats the profession as a monolith. and i don't believe that's true. you know, i have more confidence in the medical profession. i think they're amazingly adaptable. if we listened in 1965 when i started in health care, we would hear some of the same concerns from some of the same kinds of

physicians about the coming of medicare, and the truth is if we trace physician incomes, you can really see how they've increased with the coming of medicare. so i just have more confidence that physicians can make this adjustment. we do, though, have to produce more primary care doctors. >> i don't think -- megyn: what do you make of it, dr. segall? physicians are going to learn to love obamacare, and you've been saying for a while the example of the cardiologist who you do not believe will learn to love it. >> well, megyn, i actually agree with stan about one thing. we like to love what we do, but this is not 1965. what's happening is it gets harder and harder to apply the high-tech solutions we have these days -- megyn: give us the example of the cardiologist. >> very easy. i had dinner with a cardiologist last week who said two years ago i got $550 for doing a cardiac echo. now i'm getting $280 for doing the same test. he's not cutting down on the test he does, but everyone out

there understands if you're getting paid half of what you used to, when are you going to say i can't do the same job for that kind of money? >> but the problem b with that analogy and that story which is absolutely correct is that that's been going on way before the affordable care act was passed. we've had at least ten years of efforts by both insurers and government programs to cut physician incomes, you know? i believe we -- megyn: and now there's a question about, but now there's a question about whether that same cardiologist is going to get overworked even more because of the new people coming to see him under an already difficult situation. gotta run, guys. i know you two will be watching tonight in this presidential debate. all the best. >> thanks a lot, megyn. megyn: an eye-opening report ahead of tonight's debate, and the latino vote which is so critical. senator marco rubio is here live. and up next, local news anchor fights back after a viewer targets her because of her weight. [ mother ] you can't leave the table

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megyn: well, one tv anchor in wisconsin is today becoming the news, and a big story at that. jennifer livingston made an unusual move when she respond today a viewer e-mail calling her a poor role model because of her weight. trace gallagher live in our west coast news room with more on her. trace? >> reporter: and jennifer livingston has been an anchor in lacrosse, wisconsin, megyn, for about 11 years now, and like all anchors, she's gotten some pretty nasty e-mail over the years, but this time she and her husband decided that she was being bullied. the e-mail from a local lawyer reads in part, quote: it's unusual that i see your morning show, but i did so for a very short time today. i was surprised, indeed, to witness that your physical

condition hadn't improved for many years. surely you don't consider yourself a suitable example for this community's young people, girls in particular. well, that struck a nerve considering that jennifer livingston has three young daughters. so she responded on the air. watch. >> the truth is, i am overweight. you could call me fat. and, yes, even obese on a doctor's chart. but to the person who wrote me that letter, do you think i don't know that? that your cruel words are pointing out something that i don't see? you have admitted that you don't watch this show, so you know nothing about me but what you see on the outside. and i am much more than a number on a scale. >> reporter: he knows nothing about her, but he decided to double down. he wrote in a follow-up e-mail, again quoting here: i hope she will finally take advantage of a rare and golden opportunity to influence the health and psychological well being of

coulee region children by transforming herself for all of her viewers to see over the next year. well, jennifer then responded with a message for kids who might be getting bullied about their weight or their acne or whatever. here she is again. >> listen to me right now. do not let your self worth be defined by bullies. learn from my experience that the cruel words of one are nothing compared to the shouts of many. >> reporter: she's getting a lot of attention about this. next stop might be the ellen degeneres show or "america live," whichever comes first. of course, if we all had to respond to nasty e-mails, megyn, we'd get very little news on the air, right? megyn: this is true, kenneth. loser. [laughter] >> reporter: kenneth krause. megyn: trace, thank you. and fyi, it's not because of the anchor thing, because of the cruelty thing, kenneth. taking your thoughts on it.

follow me on twitter @megyn kelly. lingering questions over a seemingly run of the mill political decision that's created controversy. new details on the sale of a prisoner identified as a site to be transferring prisoners from gitmo. they weren't supposed to do it, are they? new pink lemonade 5-hour energy?

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yeah and a portion of every sale goes to the avon foundation for women breast cancer crusade. i'm sold. new pink lemonade 5-hour energy. get the alert, energized feeling you need and support breast cancer research and access to care. megyn: fox news alert. just 7 hours to go until the first presidential debate of the 2012 campaign. one they are predicting can change the race as we know it today. brand-new hour here of "america live." welcome, everybody. i'm live at the university of colorado, denver in colorado. take a look around. this is the press behind me. folks getting ready to file their radio reports. this is spin alley where all the journalists will come after the big debate with the party surrogates trying to make it case that their guy won. ask a different party and you will get different answer. but the clock is ticking down.

governor romney getting plenty of advice on how he should approach the president on that stage. the presidential debate commission -- the two men with stand side by side. critics a predicting the left-leaning media will portray romney as the loser no matter how he performs. bill, welcome back to the program. some are saying no matter what governor romney does tonight the headlines in the newspapers tomorrow will be -- you know, romney struggles to make it case. romney's campaign is in trouble. what say you? >> reporter: i think there are two different dispositions here. i'm irish. when i watch the debate i tend to think my guy lost unless he really creamed the other guy. way i think of these debates and

the mainstream channels handle them is like the music man. president obama is like professor harold hill. he sold these people all these band uniforms and instruments and he has this krissy system that doesn't teach them how to play. then it's a climate i can scene at the end. the town, the mayor, they think they have the fraud uncovered because they are going to make it kids play. but what happens? the moms and dads say that's my barney. that what we are going to get. it's not going to be the headlines tomorrow. it will be right after the debate. that's my barack. it's not that they set out to say we are not going declare romney the winner no matter what he does, i think it's they don't share the framework. it's not a secret most of these people are more liberal than president romney and they share his framework and are immune to

that argument. megyn: that's with bias can come in undetected. you don't realize the person writing the story is rooting for one of the guys and how that might color his perception. >> not even rooting. but one side is expressing wherg what you believe and the other comes from outer space in the role of government and so forth. megyn: there are some things that have happened in past presidential debates that are undeniably a gaffe or a score. we have a couple examples. the al gore seeing moment. city the was in the first debate. he goes up against then governor george w. bush, and apparently the gore team thought he won the debate an did well in spin alley. but the size as they made their way into the talking points hurt

him. here is an example. >> i had a record of appointing judges in the state of texas. that's what a governor gets to do, a governor gets to name supreme court judges. megyn: so they said al gore wound up getting handicapped, they those was too aggressive. second debate he was too buttoned up. third debate he tries to overcompensate by doing this to governor bush getting into his space. >> it's not just your position on issues but can you get things done? i believe i can. i talked about the principles -- megyn: there is jim lehrer who will be moderating tonight. >> it wasn't just vice presidential goarms team that thought oh won.

there is a report that george stephanopoulos thought he won. he apparently declared the nine debates, 8 had been won by the democrats. later on these things harden. that'sy think the afterdebate is as important as the debate itself. what gets picked up and what gets focused on. my former colleague suggested the gaffe measure. has a gaffe come out. one of the tests will be, does the opposite side cite something the other candidate said in a debate in the an ad to make fun of it. megyn: romney is not a guy who makes a lot of fun of himself speak of making fun. and he's not a guy who has shown a lot of aptitude in connecting with the average joe at home. it seems like the folks who like him like him despite the fact they don't necessarily feel warm and fuzzy about him the way they would a ronald reagan.

does he need to change that tonight, bill? >> i think he needs to tell people what he stands for. i think he spent the convention trying to prove that he's likeable, that he was running for neighbor in chief. this is his chance to address the president of the united states with no filter and say what he would do differently and connect the problems we have with the executiv -- with the ee decisions of the man in the offers. if i hear msnbc complaining about governor romney's tone, that he was too negative. then i would think governor romney has won the debate. if by contrast everyone says that debate went well and it was fair, i would think that meant president obama won the debate. megyn: then you will be having you and the irishman inside you will have your private debate about the results.

tonight's big event will be divide into six 15-minute segments'. neither campaign has any knowledge of the questions that will be asked. only the general topics, economy, healthcare and government. those have been formulated by moderator jim lehrer. the role of government will be discussed. it opens the door to topics outside the economy or economic matters. and we would love for to you join me, bret baier and the rest of our fox news political team for complete analysis. we start at 5 of 9:00. 8:55 p.m. our special coverage begins. we'll take you into the debate. we'll watch it together and then we'll have our post-game analysis with our full panel for all the perspective you need after. brand-new developments on a story that first broke during "america live" yesterday. we heard on orders from

president obama the justice department bought an unused prison in illinois. that immediately raised suspicions for some that such a move to bring gitmo terror detainees to u.s. soil, that's where the obama administration wanted to bring them until congress shut them down. they claim this prison will not be used to this end and congress passed a law preventing that. prevented the funds that would the allow gitmo detainees to come into the united states. but now there are questions being asked about wording in the prison sale document. say sekulow is chief counsel for the american center for law and justice. the president has aloud this sale to go forward to the tune of $165 million, despite with congress wanted. is that okay? >> no, it's not. this is a president who said no more earmarks. this is an ear mark for senator

dick durbin and illinois. with the presidential election a month or less away and it's a political move. you have a specific act of congress that addressed this because the concern was this was going to be the new guantanamo bay detention facility. the act of congress doesn't prohibit prisoners being brought there. it prohibits moneying expended. congress will not make those allocations. congress didn't make this allocation and they ended up trying to tack inquiry this prison. megyn: eric holder testified under oath that it would be a welcome addition to the bureau' prisons. he said we'll not move people from guantanamo regardless of the state of law to thompson. we'll not move people from gitmo to thompson. that is my pledge. is there an end around that? >> he may be the attorney general for four more weeks or

12 more weeks and if president obama wins there may be a new attorney general with a different pledge. he all see submitted last year there was no gun walking program in fast and furious and 7 months later says, whoop be there was. taking this attorney general's word on it, i'm sorry, not satisfactory. i think the reason congress is upset is they know how this administration is operating. it's a high level of concern. megyn: he raised a question whether they could get around that by moving the people not from gitmo to this facility in til now but to another facility, maybe moving people out after super max to thompson and moving into the super max. i want to ask you about this. >> it happens all the time it as serious problem. >> it would be a political issue for the administration. they would be playing fast and loose with the language.

on the d.o.j.'s court filing for the purchase of this prison. even those administration it's not going to happen. gitmo prisoners are not going there. this is about jeff crowding in our prisons. they included larynx wage that says thompson can be used for quote such other persons as in the opinion of the attorney general are proper subjects for confinement in such institution. so the a.j. can make a determination what other persons can go into thompson. is that all the legal wiggle room they need? >> absolutely. they are not going to transfer a get know detainee directly from guantanamo bay facility to thompson. they will transfer them to another facility then the attorney general because he has the catchall present vision that says he can make the determination as to the appropriate person to nut this facility, then he just happens to move guantanamo bay die

takenees but there is a step in between which is another maximum security prison. you laid it out. frankly, that is the problem here. is is an end run around congress it, an hear mark this president said he wasn't going to do and the attorney general gets to determine who will be in that prison and who will not be. we need to keep an eye on it closely. megyn: there were other states that wanted prisons before illinois. this is that earmark question. thank you. up next, florida republican senator marco rubio is here live on the polls, the latino polls and the wildcard that is the state of florida. new developments on the search for a kill more gunned down a border patrol agent. >> the tears float pretty freely thinking about this good wife, his children who will grow up without their father with them.

megyn: we are back in denver with less than 7 hours to the big debate. a check of our archives shows no presidential candidate has won the white house without wing at least 30% of the his andish votes. in a new "wall street journal" poll president obama has a big lead over mitt romney. 71% to 21%. how can governor romney turn that around in less than five weeks. joining me now republican senator marco rubio. so what do you make of it? how can you turn that around? >> polls are polls. there are a lot of liberal democrats who happen to be

latino. they are not going to vote for mitt romney no matter what. what we are talking about are latino and hispanic voters who are not committed to either party and they are look for the best candidate. a lot of them are living in swing states. the issues they care about are the issues everybody cares about. our middle class is under assault. joe biden says the middle class has been buried the last four years. all the statistics tell us the entrepreneurial spirit of the his andish community is very real. these things are being hurt by the big government policies of this government. megyn: romney has not been doing as well as even mccain. >> those polls take into account people who have been voting for the democratic party for 30 years. we need to look at those voters who are swing voters who are

open-minded about who who they are going to vote for. 70-30 is not the number in florida. megyn: the latest poll shows obama up 1 point in your state. 1 point. he needs -- governor romney needs to win florida. why do you think he's not higher? >> the governor? it's going to be a close race. flares always close. remember 2000? even in 2008 walt advantages barack obama tbhilt he only won by handful of points in 2008. i think every election will be very close in these states because of the nature of american politics these days and how it many broken out demographically and people's political preferences. we expect to be close until the end. people have known barack obama for four years. this is a state he won. the fund amount tall question is why isn't he leading by more?

and he's not because his promises have failed america because the middle class has been buried the last four years and we can do so much better than this. megyn: i think we have the comment cued up. take a listen. >> this is deadly earnest, man, this is deadly earnest. how they can justify, how they can justify raising taxes on the middle class that's been buried the last four years. how in lord's name can they justify? megyn: your reaction. >> i agree. how can he justify raising tax on the middle class. that what barack obama is planning to do. if you raise taxes on the top 1% that doesn't generate enough money for all the promises barack obama has made plus monti

we owe. where is that money going come from. if you tax the rich at 100% and you don't get enough money lit comfort middle class. megyn: they are saying your party is not for the middle class and barack obama's party is. so how does mitt romney surpass that? he's been saying all along, i'll create jobs and i'll be somebody who believes in wealth for everybody. but they don't seem to be buying that. when you look at some middle class voters. when you look at overall electorate they seem to be saying barack obama's policies -- >> there is no country on this planet that has grown it middle class because of more government. what grows the middle class is a vibrant private second for where businesses expand because they have confidence the tax rate is predictable and afford and.

because energy kros low enough so you can build things here in america. that's the reality. that the on way you will grow this middle class. the big government policies barack obama has imposed on america, those things bury the middle class. the people who have made it. the big corporations. the billionaires and millionaires can afford to deal with big government. they may not like it. but they can hire accountants and lawyers. the small business owner cannot. so they go out of business. that's why the middle class has been buried. megyn: your expectation tonight? >> we'll see the difference between two different futures. four more years of obama will be higher tax and stagnant economic growth and america's weakness around the world. mitt romney promises to restore america's economy and standing around the world. and redpluks unemployment and a stronger more permanent middle class with upward mobility for

all. coming up, a 5-year-old video causing new controversy. conservatives say it shows president obama's views on race in america. [ male announcer ] when these come together,

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megyn: a massive manhunt underway for the killer of a u.s. border agent. his colleague also injured in the attack. adam housley is live in your west coast bureau with more. >> we have good news to report. his colleague, the one that was shot twice when nicholas ivy was killed has been released from a tuck and area hospital.

we are told he's distraught over the loss of his partner and agents are rallying around him as he recovers from those wounds, also wounds that are deep for this community as well. you mention the hunt, it's none this area. the fbi has taken over the lead on this investigation. it covers five miles from where this shooting take place. there are reported the mexicans may have detained a couple people. u.s. authorities are working to confirm that. we are hearing from a family spokesperson talking about this man nicholas ivy who had been in the border patrol since 2008. joined following in the footsteps of his brother. he was a great officer, part of the horse team. he was a father, husband, son and brother. view are was a gentle, kind, humble man. no one thought ill of nick ivy.

>> this happened early yesterday morning and the fbi is the lead investigation there. there are a lot of details that are not known. a lot of information coming out and it will be a number of gave we get specific answers. megyn: fallout over a sex scandal that rocked the secret service. and big brother may be joining the battle to get kids to eat their veggies. we'll tell you how one school district hopes to encourage healthy eating with high-tech surveillance. a five-year-old piece of video conservatives say shades light on president obama's view on race in america. >> base telling a awedien that the government doesn't like them

because they are black. he's whipping up fear and hatred wind's the opposite of what a you night does and it's very revealing. [ man ] ring ring... progresso

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megyn: new controversies over a 5-year-old piece of video emerges. it involves unscripted remarks from a 2007 speech some are believing sheds new light on the president's attitude about race

in america. these were not part of candidate obama's repaired remarks released to the media and did not get much attention at the time. but here is then candidate obama talking to a crowd mostly made up much black ministers about federal fund and hurricane katrina victims. >> when 9/11 happened in new york city, they waived the stafford act. said this is too big of a problem. we can't expect -- that was the right thing to do. when hurricane andrew struck in florida people said look at this devastation. we don't expect to you come up with your own money. here is the money to rebuild. we are not going to wait for you to scratch it together because you are part of the american family. what's happening down in new

orleans? where is your dollar? where is your stafford act money? makes no sense. tells me the built hasn't been taken out. [applause] tells me somehow the people down in new orleans they don't care about as much. megyn: tucker carlson is editor of "the daily caller." welcome to you both. tucker, i'm trying to make sure i understand. that excerpt that we just played was an ad-lib by then candidate obama that was made in part of a speech that the written prepared remarks had him saying after katrina asked whether i thought race was the reason the response was so slow. i said no. this administration was color blind in its incompetence. what he ad-libbed is the people

in north carolina they don't care about as much. suggesting there was a conscious decision to treat groups differently. you say this matters why? >> for the reasons you can intuit from watching it. you have a candidate speaking to a black audience saying the federal government is not responding to the majority black population of new orleans, it's not as important as the populations of new york and florida which are also beset by tragedy. he says they were considered part of the american family, you are not. this is racial demagoguery. the remarks his campaign distributed is the one those reporters wrote their stories off of. andrew sullivan pretended this was a transcript of obama's remarks it wasn't the transcript. but they bear little resemblance

to what obama actually said. megyn: there is a difference between a message -- administration was color blind in its incompetence and those off the cuff remarks about no there was a conscious decision to treat the people in new orleans differently. do you see that? do you see there is a different mess imagine those two comments. >> sure. but i think airing this video again which came out in 2007. the purpose is to derail the conversation. but the american people had a conversation about this very speech before the last election cycle. but what we have seen in terms of is obama pandering to a black audience. is he racist. it's four years of this administration that showed he didn't use the race card. he isn't in the current campaign. what we know to be true, right now the implicit project out of harvard university and the university of washington shows that 25% of our voters, the

independent voters would vote 10% less of the vote would be going to obama if it was an even race based on race alone. so that's alive and well. >> i'm not a political consultant, i can't speak to this video on the race. that's not my job. i can just say as a factual matter no one has seen this video because it has never been released. that's a matter of fact. the only videos released were a 10-minute excerpt released by a local newspaper. i covered this at the time. i it on my show. the remarks we put on the daily caller yesterday have never been seen before because news organizations who see them, i got a call from cnn saying we have had the tape for five years. i said why haven't you aired it? that's not newsworthy the

president of the united states saying they don't like you because you are black. he says why are we spending all this money in the suburbs. why isn't it going to our neighborhoods. why are re-letting outtide contractors take these jobs when they should go to our people. these are explicit calls to racial solidarity by the president. i think the public has a right to see that. megyn: it may or may not and story to people watching. for those folks at home saying, even though it apparently came out in part five years ago, i never say the. it's new to me. >> it didn't come out five years ago. megyn: i never heard those sound bites because those weren't paired five years ago. why do you say it's not a story and they shouldn't be thinking about president obama as someone who and ders in this way. >> you have to look at his track record with this audience and the american public. has he been making policy

decisions and talking to audiences in a way that offends. yes, he's playing to an audience. he's playing to his demographic. if i'm talking to a roomful of women i would speak differently if tucker carlson were in the room. megyn: let's have an example. >> or talking about the lack of leadership needed or the lack of representation of women in congress. the jokes we would make about childcare, does your husband do this. it's funny to us as a group of women before it may be seen as an attack on men. i think it would be ignorant to assume that. >> i think part of our saying is right. but i don't think that's what's going on. he's confirming the deepest fears of his audience.

he's saying yes they hate you. and he's not telling the truth. the u.s. government at the time he gave the speech pledged $118 billion, some of it with no string attached, no sphaferred act, to katrina affected areas. that's short change the population. $118 billion as opposed to the $20 billion president bush pledged to the 9/11 attacks? and he knew this. he was a united states senator and he demagogued this issue anyway. megyn: it' interesting to see the remarks in full did not get a lot of attention. the full remarks were not aired in that way at the time. now that they are coming out. you know, so many of the mainstream media different' the job of the left to say this is not a deal. but the mainstream media saying it's not a story because they already covered it but they didn't already cover it.

>> if it happened five years ago it' not a story? >> even newt gingrich said this is not a story. >> who cares what newt gingrich says. megyn: thank you both so much. we are taking your thoughts on it. what do you think? is this a story and do it enlighten you about president obama? let me know. remember the prostitution scandal that rocked the secret service, allegations of agents misbehaving in colombia. there was no ban in place before. wait, yes, there was. details next. vice president biden finding himself in the middle of a firefight between both sides of the aisle after saying the middle class has been buried the last four years while he was in power. we'll take a look at his latest comment and debate whether this is as big a deal as some are

suggesting. >> how they can justify raising tax on the middle class that's been buried the last four years. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. that's a good thing, but it doesn't cover everything.

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>> this is deadly earnest, man. this is deadly earnest. how they can justify, how they can justify raising tax on the middle class that's been buried the last four years. how in the lord's name can they justify raising their tax with these tax cuts. megyn: wait. wasn't his team one that was in power? that the question many are asking today after seeing those remarks and some are calling this vice president joe biden's gaffe. we have the communications director from the democratic national committee. brad, would you want to reward that if you could?

>> i think what the vice president was saying when you play the whole remark and what came afterwards. he was talking about the policies that were in place when he came into office and the middle class felt under the last years of the bush administration. this is a shiny ball the romney campaign keeps chasing. we are happy to see them do it. it's also a big waste of time for them. they are not prosecuting a real case about why mitt romney should be elected. megyn: the reason it stuck out to me as a news person is we heard elizabeth warren at the democratic national committee and her remarks about how wall street is corrupt, and it's awful, and downtown manhattan in the way these banks do business and so on, and brit hume made the comment after her remarks, it's as if she forgot her guy was the president over that time. there is a theme that comes out

of the democratic side when they get too critical about the situation the what it is now in the country. >> i think you are hitting the nail on the head, though. we were in a very, very deep hole. the president said the night that he won the election in 2008, he says it will take us a long time to recover. and i think that is really more indicative of what the vice president was saying and elizabeth warren was saying. we have been in a deep hole. we have begun to recover. there was good housing news and jobs news. we have a long way to go and we acknowledged that. but we are not going to get there if we go back to doing what the bush administration was doing and the republican congress was doing before the president came into office. megyn: under president bush the middle class did very well. the whole economy imploded thanks in large parts to the mortgage mess. if it hadn't been for that

mortgage mess we would have had a nice end together bush years as well as the beginning and middle. your thoughts on that. >> as my mom would say if ifs and buts around fruits and nuts it would be christmas tall year long. we are look at what was going on. megyn: how about tax policy. >> i think it was a disaster. it explode the deficit. and it contributed to the economic problems we see today. look at the tax policy under president clinton which is very close to what the president obama is talking about going back to. we had a surplus. we had job growth. you won't get me saying anything about the bush administration's economic policies were anything but a disaster. joining me now sean spicer, the

communications director for the republican national committee. i know your side believes vice president bind got it just right because romney is selling t-shirts praising joe biden's honesty. >> i think we are starting this deof --starting this debate wita little honesty. we are seeing a huge amount of debt piles on it was four years ago this president dazzled us in debate saying he understood the problems this country faced. he knew the magnitude of the issues the country had to get through. but he had the right solution. here we are four years later and he still hasn't accomplished any of what he set out to do. that will be the biggest hurdle he has to overcome tonight looking back saying why didn't he accomplish anything he did with a democratic congress for the first two years of his administration. megyn: the point the vice

president was trying to make was that he was saying the non-partisan tax policy center argued romney's tax plan will push a higher tax burdennen onto the middle class. >> it as liberal think tank that would take any numbers we put out and say it was bad. the fact of the matter is an independent study said it would lower middle class tax burden and governor romney's plans talk about reducing the tax burden specifically on the middle class and small businesses to help growth economy, foster innovation and put more people back to work. it couldn't be further from the truth. i think that this administration lacks the credibility when it comes to talking about job creation and anything that would support growing the economy and helping business. megyn: you heard your friend talking about how things made a bit of a recovery and how they

stopped the bleeding and created all these jobs in the private sector. president obama argued it won't happen overnight, he needs another term. >> in 2008 again he came forward and said we face serious problems. i'm the guy with the solution. i know how to fix it an went on tv and said if i don't have there is done in three years it's one-term proposition. we are here to collect. he made those promises to the american people. it's like any other good or service. when you hire somebody, they say i understand the problem you face. i know how to fix it and i'll get it done by x time. if they don't get it don't's time to replace them. last time four years ago we bought into a lot of slogans and rhetoric. this time let's buy into competency and a track record of success. >> i know you want to buy into 0 joe biden's rhetoric.

thank you. coming up, federal law requires vegetables in school lunches. but are kids eating them? a new push to find out. what big brother is looking to install at the school cafeteria to keep your child honest.

megyn: new fallout from the secret service sex scandal where secret agents hired prostitutes. now they are putting out a booze control and barring alcohol from the hotel where the president is staying once the visit has begun. that will do it. big brother may be joining the battle to get kids to eat healthy in one florida school

district. there is aew push to install cameras on the trash cans in the cafeterias. it's part of an effort to track what actually happens to the veggies in school lunches. they certainly know where to look. >> reporter: because the government requires fruits and veggies to be in there, you get them. in lake county, florida, they say kids are throwing away so much produce they believe they are losing $75,000 a year in veggies in the trash can. so one school board member wants to nut those crash cans you mentioned inside the trash can they would be placed so they would not identify the kid, you wouldn't know the identity of the kid, you just know he's tossing veggies in the trash can. but they would have cold hard proof to show the feds. >> by having the documentation, the pictures, we can then go to

the federal government and i, guys, this is not working. we tried these different options to get these students to eat brussel sprouts it's just not working. we need to pull these from the mandate. >> reporter: he says it's about getting the kids and the feds to be on the same page, to give the kids what they want to eat. i'm not sure the feds will gives our chee-tos back. but that's the hope to document how much of the produce is being wasted. many parent say the school should not be worried about what our kids are eating. megyn: why don't they look the trash can? >> reporter: they can't bring all that waste to congress and dump it on the table. they have to have the documentation. megyn: who are they going to hire to look through trash can video. >> reporter: they figure one guy can do it.

they will use old cameras. megyn: all right. thanks, trace. thanks to tom you for watching. make sure to keep it right here on fox news for the presidential debate. we'll see you tonight.